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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of certain limited service pregnancy |
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resource centers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 2, Health and Safety Code, is |
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amended by adding Chapter 173 to read as follows: |
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CHAPTER 173. LIMITED SERVICE PREGNANCY RESOURCE CENTERS |
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Sec. 173.001. DEFINITIONS. In this chapter: |
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(1) "Comprehensive birth control services" means all |
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drugs and medical devices that have been approved by the United |
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States Food and Drug Administration for birth control. |
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(2) "Limited service pregnancy resource center" means |
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an organization, including a pregnancy counseling organization, |
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crisis pregnancy center, pregnancy care center, or pregnancy |
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support center, that for a fee or free of charge provides pregnancy |
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counseling or information but: |
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(A) does not perform abortions or make referrals |
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to an abortion provider; |
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(B) does not provide or make referrals for |
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comprehensive birth control services; |
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(C) is not licensed or certified by this state or |
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the federal government to provide medical or health care services; |
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and |
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(D) is not required to have a physician under |
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contract to provide or directly supervise all health care services |
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provided by the organization. |
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Sec. 173.002. APPLICABILITY OF CHAPTER. This chapter |
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applies only to a limited service pregnancy resource center that |
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meets at least two of the following criteria: |
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(1) the center offers to pregnant women: |
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(A) obstetric ultrasounds; |
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(B) obstetric sonograms; or |
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(C) other prenatal care; |
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(2) the center offers pregnancy testing or diagnosis; |
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(3) the center advertises or solicits consumers to |
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provide pregnancy-related services; |
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(4) the center has employees or volunteers who collect |
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information from consumers; |
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(5) the center has employees or volunteers who are not |
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licensed physicians or health care practitioners but dress in |
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clothing typically associated with a physician or nurse; or |
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(6) the center has an examination table. |
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Sec. 173.003. DISCLOSURE OF CERTAIN HEALTH CARE |
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INFORMATION. A limited service pregnancy resource center may not |
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disclose to a third party health care information about a person who |
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receives or inquires about receiving services from the center. |
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Sec. 173.004. PROHIBITED CONDUCT. A limited service |
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pregnancy resource center may not publish in any medium, including |
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a newspaper, magazine, pamphlet, billboard, Internet website, or |
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other publication, or otherwise disseminate information that the |
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center knows or should have known: |
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(1) is false or misleading; or |
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(2) omits a material fact about the services offered |
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or intended to be offered by the center. |
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Sec. 173.005. VIOLATION; CIVIL PENALTY. (a) A limited |
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service pregnancy resource center that violates this chapter is |
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liable to the state for a civil penalty of not less than $250 but not |
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more than $20,000 for each violation. The amount shall be based on: |
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(1) the seriousness of the violation, including the |
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nature, circumstances, extent, and duration of the violation, and |
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the good faith of the limited service pregnancy resource center; |
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(2) the history of previous violations; |
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(3) the amount necessary to deter a future violation; |
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and |
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(4) any other matter that justice may require. |
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(b) The attorney general or a district or county attorney of |
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the county in which any part of the violation is alleged to have |
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occurred may sue in the name of the state to collect a civil penalty |
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under this section. The suit must be brought in Travis County or |
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the county in which any part of the violation is alleged to have |
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occurred. In the suit the attorney general or a district or county |
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attorney may recover reasonable expenses incurred in obtaining the |
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penalty, including investigation and court costs and reasonable |
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attorney's fees. |
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(c) The penalties provided by this section are in addition |
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to any other penalty provided by law, including Chapter 17, |
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Business & Commerce Code. |
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(d) Penalties collected under this section shall be |
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deposited in a fund established by the commission for providing |
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grants to human trafficking victims in this state. The fund is a |
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trust fund held outside the treasury by the comptroller and |
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administered by the commission. |
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Sec. 173.006. DECEPTIVE TRADE PRACTICE. A violation of |
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Section 173.004 is actionable by a consumer as a deceptive trade |
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practice under Subchapter E, Chapter 17, Business & Commerce Code. |
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SECTION 2. This Act takes effect September 1, 2017. |